Scribd
Upload
226 views5 pages

Documents Indian Evidence Act

Public documents are documents created by public officials in the course of their duties, are available for public inspection, and can be proven in court with certified copies. Private documents are created for private purposes, are kept privately, and generally must be proven in court with original copies. The document outlines the differences between public and private documents under Indian law and provides examples of each type.

Uploaded by

aaditya dhawan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
226 views5 pages

Documents Indian Evidence Act

Public documents are documents created by public officials in the course of their duties, are available for public inspection, and can be proven in court with certified copies. Private documents are created for private purposes, are kept privately, and generally must be proven in court with original copies. The document outlines the differences between public and private documents under Indian law and provides examples of each type.

Uploaded by

aaditya dhawan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

WritingLaw.

com

DIFFERENCE BETWEEN PUBLIC AND


PRIVATE DOCUMENTS

1. Section 74 of the Indian Evidence Act defines public


documents:-

Documents forming the act or records of sovereign
authority namely Parliament, Legislative Assemblies,
official bodies, tribunals, public officers or any part of
India or of Commonwealth or foreign country.

Section 75 says that all other documents other than


public documents are private documents.
 
2. Public documents are prepared by public servants while
discharging their official or public duty.
Private documents are those documents which are
prepared by a person in his private interest and right.
 
3. Public documents are available for inspection to public
in public office during official time after prescribed fee.

Example-

The copy of judgement may be inspected by concerned
parties of case.
Private documents are kept in the custody of the person to
whom it belongs and it is not available for inspection to
general public.

Example-

A person's ID card, gift deed, passport are all private
documents.
 
4. The secondary copy of public documents is to be
admitted in judicial proceedings. As per section 65 (e) a
certified copy of public document is admissible in court.
Before proving private documents one of the conditions
laid down under section 65 is to be fulfilled else it cannot
be admitted in judicial proceedings.
 
5. As a general rule, public document is proved by
secondary evidence.
As a general rule private document is to be proved by
original that is primary evidence.
 
6. Section 79 says the court is bound to presume the
genuineness of public document from its certified
secondary copy.
In private documents no presumption of genuineness of
original from secondary evidence is made except in
exceptional circumstances.
 
7. Some of examples of public documents are birth
register, electoral roll, RTI reports, records of banks,
chargesheet, deposition of witness, entry in Register of
Power of attorney, notice under section 107 CrPC,
record of information under section 145 CrPC.

Some examples of private documents are salary slips,


unregistered will, registered sale deed, memorandum,
documents kept by post and telegram office.

The CPIO, SC of India vs Subhash Chandra


Agarwal 2009 SC

An application was made by a citizen seeking to know
whether judges of Supreme Court and High Court were
filing their assets declarations in accordance with 1997
resolution of Supreme Court.
This decision clarified and expanded the citizen's right to
information. The court held that all information available
with the public authorities are covered by RTI Act, 2005
being public documents.
Fazal Sheikh and others v Abdul Rehman
Mia 1990 Gujarat HC

In this case Gujarat High Court held that a private Waqf
deed which is recorded in the office of sub-registrar is a
public document.

How the public documents may be proved?


Acts, order, notification of government → Records of
department certified by HODs
Proceedings of the legislature → Journals, published acts,
copies printed by order of garment
Program elation, orders, reserve regulation issued by
Majesty or Privy Council → Copies in London Gazette,
printed by Queen's printer.
Read more Law Notes which are important for all law
exams.

Take free Law Practice Test (no need to fill name or email)

Download important Bare Act PDFs.

You might also like